The Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/935 |
| Year | 2011 |
2011 No. 935
Road Traffic
The Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011
Made 23th March 2011
Laid before Parliament 25th March 2011
Coming into force 15th April 2011
The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 16(2)1and (2A)2, 16C(2) and (3)3, 64(1) and (3)4, 84(1B)5and 130(3) of, and paragraph 22(1)(d) of Schedule 9 to, the Road Traffic Regulation Act 19846(“the 1984 Act”) and section 41(1), (2) and (5)7of the Road Traffic Act 19888(“the 1988 Act”).
In accordance with section 134(2)9of the 1984 Act and section 195(2) of the 1988 Act the Secretary of State for Transport has consulted with such representative organisations as he thinks fit.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 and come into force on 15th April 2011.
(2) In these Regulations—
“the 1984 Act” means the Road Traffic Regulation Act 1984; and
“special forces” means those units of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director.
Variation of provisions imposing a speed limit
2.—(1) The provisions falling within paragraph (2) are varied in accordance with paragraph (3).
(2) A provision falls within this paragraph if it is a provision imposing a speed limit and it is contained in or has effect under—
(a)
(a) section 14 (temporary prohibition or restriction on roads)10, 16A (prohibition or restriction on roads in connection with certain events)11, 17 (traffic regulation on special roads)12, 81(1) (general speed limit for restricted roads), 84(1) (speed limits on roads other than restricted roads)13or 88 (temporary speed limits) of the 1984 Act;
(b)
(b) section 3 (orders as to inland waterways etc.)14of the Transport and Works Act 199215; or
(c)
(c) a local Act.
(3) A provision falling within paragraph (2) is to have effect as if no speed limit were imposed in relation to a vehicle used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown on an occasion when—
(a)
(a) the person driving the vehicle is a member of the special forces; and
(b)
(b) the vehicle is being driven—
(i) in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or
(ii) for the purpose of training a person in driving vehicles at high speeds.
Regulations in relation to orders and notices under the 1984 Act
3.—(1) An order made, or notice issued, under section 14 of the 1984 Act in relation to a road in England that imposes a speed limit on vehicles must provide for an exemption from the speed limit for vehicles falling within paragraph (4) when used in accordance with paragraph (5).
(2) An order made under section 16A of the 1984 Act in relation to a road in England or Scotland that imposes a speed limit on vehicles must provide for an exemption from the speed limit for vehicles falling within paragraph (4) when used in accordance with paragraph (5).
(3) An order made under section 84(1)(c) of the 1984 Act by a local authority in relation to a road in England must provide for an exemption for vehicles falling within paragraph (4) when used in accordance with paragraph (5).
(4) A vehicle falls within this paragraph if it is a vehicle used for naval, military or air force purposes.
(5) A vehicle is used in accordance with this paragraph if it is being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown on an occasion when—
(a)
(a) the person driving the vehicle is a member of the special forces; and
(b)
(b) the vehicle is being driven—
(i) in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or
(ii) for the purpose of training a person in driving vehicles at high speeds.
Amendment of road traffic regulations
4. In the Road Vehicles Lighting Regulations 198916—
(a) in regulation 3 (interpretation) in the Table after “Special equipment” in column (1) and the corresponding entry in column (2) insert, respectively—
““Special forces” |
Those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director. |
“Special forces purposes” |
The expression means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.”; |
(b) in regulation 11 (colour of light shown by lamps and reflectors) in paragraph (2)(k) after “emergency vehicle” insert “or to a vehicle used for special forces purposes”;
(c) in regulation 13 (lamps to show a steady light) at the end of paragraph (2)(b) add “or a vehicle used for special forces purposes”; and
(d) in regulation 16 (restrictions on fitting blue warning beacons, special warning lamps and similar devices) after “emergency vehicle” insert “or a vehicle used for special forces purposes”.
5. In the Road Vehicles (Construction and Use) Regulations 198617in regulation 37 (audible warning instruments)—
(a) in paragraph (5) for sub-paragraph (k) substitute—
“(k)
“(k) owned or operated by the Secretary of State for Defence and used—
(i) for the purpose of any activity—
(aa) which prevents or decreases the exposure of persons to radiation arising from a radiation accident or radiation emergency; or
(bb) in connection with an event which could lead to a radiation accident or radiation emergency; or
(ii) for special forces purposes;”;
(b) for paragraph (9A) substitute—
“9A In this regulation—
“radiation accident” and “radiation emergency” have the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 200118;
“special forces” means those units of the home forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director; and
“special forces purposes” means, in relation to the use of a vehicle, the use of a vehicle by the special forces in response, or for training or practice in responding, to a national security emergency.”.
6. In the Zebra, Pelican and Puffin Pedestrian Crossings Regulations 199719—
(a) in regulation 3 (interpretation) in paragraph (1) after the definition of “secondary signal” insert—
““special forces purposes” means, in relation to the use of a vehicle, the use where—
(a) the person driving the vehicle is a member of a unit of the armed forces of the Crown the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which is for the time being subject to the operational command of that Director; and
(b) the vehicle is being driven—
(i) in response, or for practice in responding, to a national security emergency by a person who has been trained in driving vehicles at high speeds; or
(ii) for the purpose of training a person in driving vehicles at high speeds;”;
(b) in regulation 12 (significance of vehicular light signals at pelican crossings) in paragraph (1)—
(i) in sub-paragraphs (c) and (d) for “sub-paragraph (e) and sub-paragraph (ea) and sub-paragraph (eb)” substitute “sub-paragraphs (e) to (ec)”;
(ii) at the end of sub-paragraphs (e), (ea) and (eb) omit “and”; and
(iii) after sub-paragraph (eb) insert—
“(ec)
“(ec) when a vehicle is being used for special forces purposes, sub-paragraphs (c) and (d) shall not apply to the vehicle, and the steady amber and the red signal shall...
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